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Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

article  17

CELEX:  32024L1346

Employment
1. Member States shall ensure that applicants have access to the labour market no later than six months from the date on which the application for international protection was registered provided that an administrative decision by the competent authority has not been taken and the delay cannot be attributed to the applicant. Where the Member State has accelerated the examination on the merits of an application for international protection in accordance with Article 42(1), points (a) to (f) of Regulation (EU) 2024/1348, access to the labour market shall not be granted or, if already granted, shall be withdrawn.
Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

article  17

CELEX:  32024L1346

2. Member States shall ensure that applicants who have access to the labour market in accordance with paragraph 1 have effective access to the labour market in accordance with national law. For reasons of labour market policies, including regarding youth unemployment levels, Member States may verify whether a specific vacancy that an employer is considering to fill with an applicant who has access to the labour market in accordance with paragraph 1 could be filled by nationals of the Member State concerned, by other Union citizens, or by third-country nationals and stateless persons lawfully residing in that Member State. If the Member State finds that the specific vacancy could be filled by such persons, the Member State or the employer may refuse the employment of the applicant for that vacancy.
Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

article  17

CELEX:  32024L1346

3. Member States shall ensure that applicants who have access to the labour market in accordance with paragraph 1 enjoy equal treatment with their own nationals as regards:
(a) terms of employment, the minimum working age and working conditions, including pay and dismissal, working hours, leave and holidays, as well as health and safety requirements at the workplace;
(b) freedom of association and affiliation and membership of an organisation representing workers or employers or of any organisation whose members are engaged in a specific occupation, including the benefits conferred by such organisations, without prejudice to the national provisions on public policy and public security;
(c) education and vocational training, including training courses for improving skills, practical workplace experience and employment guidance services;
(d) recognition of diplomas, certificates and other evidence of formal qualifications in the context of existing procedures for recognition of foreign qualifications; and (e) access to appropriate schemes for the assessment, validation and recognition of applicants’ prior learning outcomes and experience.
Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

article  17

CELEX:  32024L1346

4. Member States may restrict equal treatment of applicants who have access to the labour market in accordance with paragraph 1:
(a) as regards paragraph 3, point (b), by excluding them from taking part in the management of bodies governed by public law and from holding an office governed by public law;
(b) as regards paragraph 3, point (c), by excluding:
(i) grants and loans related to education and vocational training and the payment of fees in accordance with national law with regard to access to university or post-secondary education; and (ii) education and vocational training which is not provided within the framework of an existing employment contract, including where provided for employment promotion purposes;
(c) as regards paragraph 3, point (d) or (e), by not granting equal treatment for at least three months from the date on which the application for international protection was registered.
Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

article  17

CELEX:  32024L1346

5. Member States shall ensure that applicants who are employed or, based on previous employment, are entitled to social security benefits, enjoy equal treatment with their own nationals as regards branches of social security referred to in Article 3(1) and (2) of Regulation (EC) No 883/2004.
6. Without prejudice to Regulation (EU) No 1231/2010, Member States may restrict equal treatment under paragraph 5 of this Article by excluding social security benefits which are not dependent on periods of employment or on contributions.
7. The right to equal treatment pursuant to this Article shall not give rise to a right to reside in cases where a decision taken in accordance with Regulation (EU) 2024/1348 has terminated the applicant’s right to remain.
8. For the purposes of paragraph 3, point (d), of this Article, and without prejudice to Articles 2(2) and 3(3) of Directive 2005/36/EC, Member States shall facilitate, to the extent possible, full access to existing procedures for the recognition of foreign qualifications for applicants who cannot provide documentary evidence of their qualifications.
Directive (EU) 2024/1346 of the European Parliament and of the Council of 14 May 2024 laying down standards for the reception of applicants for international protection

article  17

CELEX:  32024L1346

9. Access to the labour market shall not be withdrawn during an appeal procedure where the applicant has the right to remain on the territory of the Member State during that procedure and until a negative decision on the appeal is notified.